New Mexico Statutes 31-20A-5. Aggravating circumstances
The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 N.M. Stat. Ann. are limited to the following:
Terms Used In New Mexico Statutes 31-20A-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. the victim was a peace officer who was acting in the lawful discharge of an official duty when he was murdered;
B. the murder was committed with intent to kill in the commission of or attempt to commit kidnaping, criminal sexual contact of a minor or criminal sexual penetration;
C. the murder was committed with the intent to kill by the defendant while attempting to escape from a penal institution of New Mexico;
D. while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered a person who was at the time incarcerated in or lawfully on the premises of a penal institution in New Mexico. As used in this subsection “penal institution” includes facilities under the jurisdiction of the corrections and criminal rehabilitation department [corrections department] and county and municipal jails;
E. while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered an employee of the corrections and criminal rehabilitation department [corrections department];
F. the capital felony was committed for hire; and
G. the capital felony was murder of a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing report of the crime or testimony in any criminal proceeding, or for retaliation for the victim having testified in any criminal proceeding.